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§ 50.01 DEPARTMENTS ESTABLISHED.
   (A)   There are hereby established the following departments for furnishing utilities services:
      (1)   Water Department;
      (2)   Sewer Department; and
      (3)   Electrical Department.
   (B)   Each department shall be under the supervision of the Public Works Superintendent. These departments shall be responsible for the management, maintenance, care and operation of its respective area.
(1987 Code, § 301.01)
§ 50.02 USE OF WATER OR SEWER SYSTEM RESTRICTED.
   No person shall make or use any public utility service installation connected to the city public utility system except pursuant to application and permit as provided in this chapter. No person shall make or use any installation contrary to the regulatory provisions of this chapter.
(1987 Code, § 301.02) Penalty, see § 10.99
§ 50.03 APPLICATIONS FOR SERVICE.
   (A)   Application for service and owner-customer responsibility.
      (1)   Application for water, sewer and electric utility service shall be made to the City of St. Charles on forms prescribed by the city and furnished by the city.
      (2)   A separate application for utility service may be required for each class of service to an applicant at a separate address or location.
      (3)   Every applicant for utility service from the city, and every owner of property for which application is made, shall be deemed by application to consent to all ordinances, rules, regulations and policies of the city relating to the municipal water, sewer, and electric systems.
      (4)   Application for service and establishment of a utility account may be made by the property owner, the owner’s representative, or the tenant of a commercial property, unless provided herein. Tenants of residential, multi-unit buildings with separate metering may apply for services if the owner or owner’s representative gives written permission and agrees to continue to provide utility services to all unoccupied units between tenant occupancies, if any unit in the building is occupied.
   (B)   Application for service installation. Application for a service installation shall be made by the property owner or by the owner’s representative. The property owner shall pay the city the fees or deposit required for the service connection installation as provided in this chapter when making application.
   (C)   Conditions of service.
      (1)   The utility service supplied by the city is supplied upon the express condition that the product becomes the customer’s property after it passes the water main, sewer main or electrical primary, and the city shall not in any event be liable for loss or damage to any person or property, resulting directly or indirectly from the use, misuse or presence of the utility service on the customer’s premises, or elsewhere, after it passes the point of delivery to the customer. Each of the parties shall hold the other free and harmless of and from all liability, damages, actions and causes of action caused by or through the ownership, maintenance or operation of its utility property and equipment, and the liability division point shall be the point of delivery as herein defined or as stated in a specific contract between city and customer.
      (2)   Customers are responsible for securing information from the city pertaining to service availability at a specific location. The city shall be notified of the service connections and metering equipment. The customer is advised to secure this information prior to installation of interior wiring to assure service at a mutually agreeable time and location.
      (3)   The parties understand and agree that a signed agreement shall be binding upon and inure to the benefits of the successors, legal representatives and assigns of the respective parties, but no assignment by the customer of any agreement shall be binding upon the city unless the city consents to the assignment in writing. Any agreements are subject to the approval of the City Council.
      (4)   The term of any signed agreement may be stated in the agreement, and service after the term’s expiration shall be continued on a month to month basis until terminated according to § 50.06(G), unless other specific cancellation or continuation stipulations are made a part of the signed agreement.
(1987 Code, § 301.03) (Am. Ord. 639, passed 6-28-2022)
§ 50.04 METERS.
   (A)   Meters required.
      (1)   Except for extinguishing fires, no person other than an authorized city employee shall use water from the city water supply system or permit water to be drawn unless the water passes through a meter supplied or approved by the city.
      (2)   No person not authorized by the Public Works Superintendent shall connect, disconnect, take apart or in any manner change or interfere with any meter or its use.
   (B)   Installation cost. Five-eighths-inch meters shall be installed by plumbers at customer’s expense at cost plus 10%; meters larger than 5/8-inch shall be billed to the customer at cost plus 10%. Each property owner shall additionally pay a connection fee per installed meter as stated in § 50.05 below.
   (C)   Maintenance.
      (1)   The city shall maintain and repair at its expense any meter that has become unserviceable through ordinary wear and tear and shall replace it if necessary.
      (2)   Where repair or replacement is made necessary by act or neglect of the owner or occupant of the premises it serves, the city expense shall be a charge against and collected from the consumer, and service may be discontinued until the cause is corrected and the amount charged is paid.
   (D)   Complaints; meter testing.
      (1)   When a customer complains that the bill for any past water service period is excessive, the customer may have the meter reread on request. If the customer remains dissatisfied, the customer may, upon written request and a deposit of at least $50, have the meter tested. If the meter is found to be accurate within 5% of the water consumed, the actual cost of the test will be charged to the customer, and the deposit shall be applied to this charge. If the meter is found not accurate, a new meter shall be installed and the bill shall be adjusted accordingly. An adjustment shall not extend back more than 1 billing period from the date of the written request.
      (2)   Upon written request and the deposit of at least $50 by a customer, the city shall test the electric meter serving the customer, but tests need not be made more than once in 12 months.
         (a)   The city will notify the customer in advance of the time and date of the test so the customer, or the customer's representative, may be present when the meter is tested. Unless the meter needs to be sent in to be tested.
         (b)   If the meter is found accurate within 2%, the actual cost of the meter test will be charged to the customer and the deposit shall be applied to this charge.
         (c)   If the meter is found not accurate within 2%, the city will pay for the test. The test results will be given or mailed to the customer within a reasonable time after completion.
         (d)   All billing adjustments based on meter testing results shall be in accordance with rates in effect at the time of the error. The adjustment shall not extend back more than 1 month from the date of the written request.
   (E)   Meters property of city. Meters shall be city property and may be removed or replaced as to size and type when deemed necessary.
   (F)   Meter reading and inspection. Authorized meter readers shall have free access at reasonable hours of the day to all parts of every building, structure or lot connected with the city utilities to read meters and make inspections.
(1987 Code, § 301.04) (Am. Ord. 550, passed 11-22-2011; Am. Ord. 639, passed 6-28-2022) Penalty, see § 10.99
§ 50.05 CHARGES FOR SERVICE CONNECTIONS.
   (A)   Electrical service connection permit and fees.
      (1)   Connection may be made to the city electric utility only after electrical affidavit is received by city and Electric Superintendent approves application.
      (2)   The City Council shall adopt a schedule of fees for electrical service connection permits from time to time.
      (3)   For electrical service connection fees, see § 54.09.
   (B)   Sewer and water service connection fees.
      (1)   The City Council shall adopt a schedule of fees for sewer and water service connection from time to time.
      (2)   When a sewer or water connection requires installing a service line from the main to the property line the applicant shall provide for the service line installation in accordance with city specifications, including all costs for installation, street repairs, curb repair, and property landscaping.
   (C)   Determination of adequacy.
      (1)   No connection to any city utility shall proceed until the Public Works Director has determined that adequate utility service exists serving the property, or that proper provisions for installing adequate service have been made.
      (2)   An assessment project or bond by a contractor is required to ensure the project will be completed. Adequacy of main service shall be determined according to the main extension policies the Council adopts by resolution.
(1987 Code, § 301.05) (Am. Ord. 639, passed 6-28-2022)
Cross-reference:
   For definition of sewer connection, see § 52.01
§ 50.06 ACCOUNT, BILLING AND COLLECTING.
   (A)   Temporary interruption of service fee (disconnect/reconnect). If a customer or property owner requests a temporary interruption of service, a fee of $50 per meter shall be paid in advance. The fee shall cover one disconnect and subsequent reconnection.
   (B)   Billing. Utility service shall be billed to the party contracting for the service.
      (1)   All municipal utilities shall be billed monthly or quarterly and a utilities statement or statements shall be mailed by the city to each consumer.
      (2)   Statements for total water, sewer and electric charges for the preceding billing period shall be mailed by the city to each customer no later than three days after the beginning of the next billing period.
      (3)   The amount listed on the statement shall be due on or before the fifteenth day of the billing period. All utilities charges shall be delinquent if they are unpaid at the close of business on the thirtieth day following such billing, provided, that if the thirtieth day shall fall on a Saturday, Sunday, or legal holiday, the time shall be extended to the close of business on the next succeeding day on which business is normally transacted. A penalty in the amount of 10% of the delinquent amount shall be added to all delinquent charges. If service is suspended due to delinquency it shall not be restored at that location until any disconnect charges have been paid for each utility and all amounts owed for service and penalties have been paid.
   (C)   Meter deposits. At the time of filing an application for utility service, any applicant who does not have a 12-month history of payment for utility service with the city is required to pay a meter deposit.
      (1)   The meter deposit shall be established annually per the administrative fines and fees ordinance.
      (2)   The deposit shall be refunded after 12 consecutive months of prompt payment or upon prior termination of service with all bills paid.
      (3)   Deposits shall bear an interest rate that will be adjusted annually in accordance with the Department of Commerce from the date of deposit to the date of refund.
   (D)   Interest payable.
      (1)   The rate of interest payable by the city on its security deposits will be simple interest as established annually by the Department of Commerce from the date of deposit or January 1, 1975, whichever is later or as otherwise specified from time to time by appropriate state law.
      (2)   Payment of interest to the customer may be made at the time the deposit is returned.
      (3)   The deposit shall cease to draw interest when any of the following occur:
         (a)   The deposit is returned;
         (b)   The customer’s account becomes delinquent;
         (c)   Notice is sent to the customer’s last known address that the deposit is no longer required; or
         (d)   Service is disconnected.
   (E)   Refund of deposits. The deposit plus interest, if any, is to be refunded under any of the following conditions:
      (1)   Upon customer’s request after 12 consecutive months of the customer’s bill being paid on time;
      (2)   After the customer has paid the final bill upon termination of service; or
      (3)   If the service is discontinued and there are charges due the city for service to the customer, the cash deposit plus interest will be applied to the charges, and the remaining balance of the deposit plus interest, if any, will be returned to the customer together with a statement of charges, credits and balance. If there is a balance due or credit of less than $1, no refund or billing shall be made.
   (F)   Shut-off for non-payment.
      (1)   (a)   The city shall endeavor to collect delinquent accounts promptly. In any case where satisfactory arrangements for payment have not been made, the St. Charles Utility Department may discontinue service to the delinquent customer after the procedural requirements of division (F)(2) below and, if applicable, the Winter Disconnect Rule, have been satisfied.
         (b)   When service to any premises has been discontinued, service shall not be restored except upon payment of all delinquent amounts due or the establishment of a satisfactory payment arrangement plus a fee for disconnection and reconnection as established annually by the administrative fines and fees ordinance.
      (2)   (a)   Service shall not be shut off under division (F)(1) above until a mailed and a delivered notice have been given to the customer.
         (b)   The final delivered notice shall state that if payment is not made by a certain date, the service to the premises will be shut off.
         (c)   The final notice shall clearly inform the customer of the amount of the past due bill, the options available to the customer and shall identify the telephone number, address and officer who will handle the customer’s complaint.
   (G)   Collection with taxes.
      (1)   Delinquent water, sewer and electric charges shall be certified to the City Administrator who shall prepare an assessment roll each year providing for assessment of the delinquent amounts against the respective properties served.
      (2)   The assessment roll shall be delivered to the City Council for adoption bi-annually during the first regular meeting of July and October of each year.
      (3)   Upon adoption, the Deputy Clerk shall certify the assessment roll to the County Auditor for collection with taxes.
(1987 Code, § 301.06) (Am. Ord. 524, passed 4-14-2009; Am. Ord. 539, passed 10-12-2010; Am. Ord. 550, passed 11-22-2011; Am. Ord. 639, passed 6-28-2022)
§ 50.07 WINTER DISCONNECT.
   (A)   Application; notice to residential customers. The St. Charles Utility Department will not disconnect the utility service of a residential customer if the disconnection affects the primary heat source for the residential unit and if a mutually agreeable payment schedule has been established when the following conditions are met:
      (1)   The disconnection would occur during the period between October 15 and April 15;
      (2)   The customer has declared inability to pay on forms provided by the utility;
      (3)   The household income of the customer is less than 185% of the federal poverty level, as documented by the customer to the utility; and
      (4)   The customer's account is current for the billing period immediately prior to October 15 or the customer has entered into a payment schedule and is reasonably current with payments under the schedule.
   (B)   Notification. The St. Charles Utility Department will notify all residential customers of the provisions of division (A) above.
   (C)   Notice to residential customers facing disconnection. Before disconnecting service to a residential customer during the period between October 15 and April 15, the St. Charles Utility Department will provide the following information to a customer:
      (1)   A notice of proposed disconnection;
      (2)   A statement explaining the customer's rights and responsibilities;
      (3)   A list of local energy assistance providers;
      (4)   A form on which to declare inability to pay; and
      (5)   A statement explaining the available time payment plans and other opportunities to secure continued utility service.
   (D)   Restrictions if disconnection necessary.
      (1)   (a)   If a residential customer must be involuntarily disconnected between October 15 and April 15 for failure to comply with the provisions of division (A) above, the disconnection must not occur on a Friday or on the day before a holiday.
         (b)   Further, the disconnection must not occur until at least 20 days after the notice required in division (B) above has been mailed to the customer or 15 days after the notice has been personally delivered to the customer.
      (2)   (a)   If the customer does not respond to a disconnection notice, the customer must not be disconnected until the utility investigates whether the residential unit is actually occupied.
         (b)   If the unit is found to be occupied, the utility must immediately inform the occupant of the provisions of this section. If the unit is unoccupied, the utility must give 7-days’ written notice of the proposed disconnection to the local energy assistance provider before making a disconnection.
      (3)   If, prior to disconnection, a customer appeals a notice of involuntary disconnection, the utility must not disconnect until the appeal is resolved.
(1987 Code, § 301.07)
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